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A. One parking area may contain required spaces for several different uses. Except as otherwise provided in this chapter, the required space assigned to one use may not be credited to any other use which will require parking space simultaneously.

B. To the extent that developments wish to share required spaces for two different uses, the spaces may be assigned to both uses provided one of the uses is a daytime peak use and the other is a nighttime peak use as defined below.

1. For the purposes of this section, the following uses may be considered daytime uses: government administrative office; financial institutions; professional services; retail stores (sales level 1); industrial level 1 uses; restaurants that the planning director determines have principal operating hours during the day; and similar primarily daytime uses as determined by the planning director.

2. For the purposes of this section, the following uses may be considered nighttime uses: house of religious worship; clubs; commercial entertainment; restaurants that the planning director determines have principal operating hours during the night; taverns; and similar primarily nighttime uses as determined by the planning director.

3. Some uses are daytime and nighttime peak uses. These uses are not eligible for sharing of required parking spaces.

C. Joint use of parking as specified under this section shall be by written agreement between the developments using the parking facilities. The agreement shall be subject to the approval of the city. Said agreement shall be filed with the Pierce County auditor as a covenant running with the land and is deemed binding between the assenting parties. The parking agreement shall have a minimum term of five years and shall specifically provide that the party whose parking will be eliminated or reduced (the “affected party”) by the agreement’s termination shall notify the city at least six months prior to such termination. The affected party shall secure off-street parking sufficient to meet the code-required parking for the use. (Ord. 1231 § 2, 2012; Ord. 710 § 73, 1996).